WHEREAS,
Section 24 of the Election Code of 1971 provided as follows:cralaw:red
"Sec. 24. Candidate holding elective office. — Any
elective provincial, sub-provincial, city municipal, or municipal
district officer running for an office other than the one which he is
holding in a permanent capacity shall be considered ipso facto resigned
from his office from the moment of the filling of his certificate of
candidacy." (Emphasis provided);chanroblesvirtualawlibrary
WHEREAS, the Election Code of 1987 totally repealed all the provisions
of the Election Code of 1971, including the aforementioned section, as
Section 202, of said law provides as follows:cralaw:red
"Sec. 202. Repealing Clause. — The Election Code of
1971 is hereby repealed, and all other laws, executive orders, rules
and regulations, or parts thereof inconsistent with the provisions of
this Code are also repealed amended or modified accordingly."
WHEREAS, instead of the above provision of the 1971 Election Code, the
Election Code of 1978 contains Section 30 which reads as follows:cralaw:red
"Sec. 30. Candidates holding political office. —
Governors, mayors, members of the various sangguniang, or barangay
official shall, upon filing of a certificate of candidacy, be
considered on forced leave of absence from office."
WHEREAS, under the above quoted provision of Section 30 of the 1978
Election Code, governors, mayors, sangguniang members or barangay
officials are "considered or forced leave of absence from office" upon
filing of a certificate of candidacy irrespective of whether these
officials are running for the same office which they are holding or for
another office;chanroblesvirtualawlibrary
WHEREAS, it is anticipated that applying the aforequoted provision of
Section 30 in the local elections on January 30, 1980, may give rise to
chaos and confusion due to the difficulty of designating promptly and
immediately the replacement of such officials to assure the continuity
and stability of local governments.
NOW, THEREFORE, I, FERDINAND E. MARCOS, by virtue of the powers in me
vested by the Constitution, hereby decree as follows:cralaw:red
Section 1. Candidate holding elective office. — Any
person occupying an elective provincial, city, municipal, or municipal
district position who runs for an office other than the one which he is
holding shall be considered ipso facto resigned from his office upon
the filing of his certificate of candidacy; Provided, however, That
during the pendency of the election, the President may appoint said
candidate to the office for which he filed a certificate of candidacy.
Section 2. Effectivity. — This Act shall take effect
upon its approval.
Done in the City of Manila,
this 29th day of December in the year of Our Lord, nineteen hundred and
seventy-nine.
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